PLP Key Dates

Question 1

Default completion time (SCS and SCPC)

Answer 1

20 working days after the contract
Time for completion is before 2pm

Question 2

Pre-completion search for registered land (OS1 or OS2)

Answer 2

Buyer’s solicitor carries out search with priority
- OS1 or OS2 (part of land)

Priority period of 30 working days

Question 3

Pre-completion search for unregistered land

Answer 3

K15 of Land Charges Registry
- priority period of 15 working days

Question 4

Solvency search against an individual

Answer 4

Against an individual (buyer) when solicitor is acting for the buyer and lender
- 15 working days priority period
- K16

Question 5

Solvency search against a company

Answer 5

If the buyer is a company - company search gives no priority period and should be carried out as late as possible (immediately before completion)

Question 6

Failure to complete

Answer 6

If a party fails to complete by the time and date specified in the contract, they must pay interest for each calendar day’s delay (includes weekends and bank holidays)

Question 7

Service of notice to complete

Answer 7

Notice to complete can be served at any time on the day of completion once the time for completion has passed.
Once served, must complete within 10 working days

Question 8

Post-completion SDLT return

Answer 8

SDLT1 form must be submitted and tax paid within 14 days of completion
- SDLT1 = submit to HMRC
- buyer’s solicitor

Question 9

Post-completion in Wales LTT

Answer 9

LTT return must be submitted and tax paid within 30 days of completion

Question 10

Registration of charge at Companies House (post-completion)

Answer 10

MUST register a charge given by a company at Companies House within 21 days of creation of charge
- deadline missed - apply for court order to allow filing out of time

Question 11

Rent in commercial FRI lease

Answer 11

Traditional quarter days:
- 25th Dec - 24th March
- 25th March - 23rd June
- 24th June - 28th September
- 29th September - 24th December

Question 12

Modern quarter days

Answer 12

• 1st Jan
• 1st April
• 1st July
• 1st Oct

Question 13

Procedure for contracting out business tenancies

Answer 13

Landlord must serve a warning notice on tenant in prescribed form

The tenant must provide a declaration
- if lease completion is at least 14 days from date of warning notice = simple signed declaration

• if lease completion is less than 14 days away = statutory declaration

Question 14

Commercial Rent Arrears Recovery

Answer 14

CRAR may be used where
- a minimum of 7 days’ principal rent is owed (can only recover annual rent + VAT + interest)
- 7 clear days’ notice of intention to enter the premises
- further 7 clear days’ notice if landlord intends to sell the seized goods

Question 15

Tenant in breach of repair obligation and service of s146 notice by landlord

Answer 15

LPA 1938 applies to leases of term of more than 7 years with at least 3 years left to run:
Tenant has 28 days to serve counter-notice to landlord’s s146 notice

Question 16

Timing of s25 notice

Answer 16

• Must be after contractual expiry date
• s25 notice served no less than 6 months and no more than 12 months before proposed date of termination of tenancy

Proposed date of termination cannot fall before contractual expiry date

Question 17

s26 notice

Answer 17

Served no less than 6 months and no more than 12 months before proposed commencement date of new tenancy

Request can be served either before or after the contractual expiry date of the lease

Earliest it can be served is 12 months before contractual expiry date of lease

Question 18

s27 notice

Answer 18

Must be served at least 3 months before termination of current tenancy date

If not sufficient time to serve s27 notice (must give at least 3 months) and tenant wants to leave - tenant can vacate before or on contractual expiry date

Question 19

Can a pre-completion search (OS1 / OS2) official search certificate be extended?

Answer 19

The priority period of an official search certificate cannot be extended because there is a fixed priority period

• A fresh search would have to be made but the priority period will be separate from the original search

Question 20

What is the purpose of an official search with priority?

Answer 20

It confers a priority period within which the transfer must be registered, to prevent any third party interest gaining priority

Question 21

Law Society Completion by Post

Answer 21

The seller’s solicitor must provide to the buyer’s solicitor replies to the Completion Information and Undertakings Form (TA13) at least 5 working days before completion

• Code provides that completion takes place upon seller solicitor’s receipt of completion monies

Question 22

What is the Land Registry deadline for registered land?

Answer 22

No deadline for the application
- other than the time limit for priority under the OS1 search

An application for registration can be made outside the priority period, but there is a risk that the buyer is bound by any new third party interests registered in the interim
- the buyer’s solicitor would be liable for negligence in this instance

Question 23

What is the Land Registry deadline for unregistered land?

Answer 23

Deadline of two months from completion
- if this is not complied with, the transaction is void

Question 24

Service of notice to complete

Answer 24

• Makes time of the essence
• Completion must take place within 10 working days of service of the notice

Notice to complete can be served by either party at any time on or after the date fixed for completion

Question 25

OS3 search

Answer 25

Pre-completion search raised for leasehold transaction - lease which is not registrable (7 years or less) - this does NOT confer priority but will check whether the landlord has title to grant the lease

Question 26

Leasehold pre-completion searches

Answer 26

OS1 - lease of a whole OS2 - lease of a part OS3 - lease which is not registrable

Question 27

Enforcement periods for planning permission before 25 April 2024

Answer 27

4 years for: - building works - change of use to a single dwelling house 10 years for: - any other changes of use without planning permission - breach of planning permission control

Question 28

Enforcement period for planning permission on or after 25 April 2024

Answer 28

10 years for: - building works - change of use of single dwelling - any other changes of use - breach of planning permission condition Note if the breach is deliberately concealed, time limit runs from time which it is no longer concealed - 25 April 2024 - where development was substantially completed on or after 25th April / change of use occurred on or after 25th April - Most MCQs it is likely that the breach occurred several years ago - meaning new time limits would not apply

Question 29

Building regulations (new time limits)

Answer 29

- No time limit to prosecute responsible person - 10 years for enforcement notice - No time limit on enforcement action through court injunction

Question 30

What does the local planning authority enforcement notice state?

Answer 30

Requires the breach to be remedied and specifies what breach and the time limit - LA begins enforcement proceedings by service of an enforcement notice - service must be within the time limits

Question 31

What are the limitation periods for landlord's pursuing unpaid rent and service charge?

Answer 31

- Unpaid service charges: 12 year limitation period applicable to debts under a lease executed by deed - Rent arrears: limitation period of 6 years (regardless of whether the lease is by deed or underhand) Rent arrears is specifically time barred by six-year limitation period

Question 32

Registration at the Land Registry must take place within 30 days of which date?

Answer 32

The date of the result of the OS1 search, to avoid subsequent entries being made on the title which bind the purchaser